Section 3-23-8 – Officials with contract authority–Authorizing interest in or direct benefit from contract.
3-23-8. Officials with contract authority–Authorizing interest in or direct benefit from contract. A school district or cooperative education service unit may authorize a person described in §3-23-6 to derive a direct benefit from a contract if: (1)The person has provided full written disclosure to the agency, district, or unit governing board of all parties to […]
Section 3-23-8.1 – Written conflict of interest policy.
3-23-8.1. Written conflict of interest policy. Each school district or cooperative education service unit shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this chapter. Source: SL 2017, ch 31, §15; SL 2021, ch 73, […]
Section 3-23-9 – Removal of board member or other person from office or employment–Criminal penalties–Disgorgement–Voidable contract.
3-23-9. Removal of board member or other person from office or employment–Criminal penalties–Disgorgement–Voidable contract. Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter […]
Section 3-23-10 – Authorities, boards, and commissions subject to chapter.
3-23-10. Authorities, boards, and commissions subject to chapter. The following authorities, boards, or commissions are subject to this chapter: (1)South Dakota Building Authority; (2)Board of Economic Development; (3)South Dakota Housing Development Authority; (4)South Dakota Health and Education Facilities Authority; (5)Science and Technology Authority Board of Directors; (6)South Dakota Ellsworth Development Authority; (7)South Dakota Commission on […]
Section 3-23-5 – Removal of state authority, board, or commission member for violation–Criminal penalties–Disgorgement–Voidable contract.
3-23-5. Removal of state authority, board, or commission member for violation–Criminal penalties–Disgorgement–Voidable contract. Any elected or appointed state authority, board, or commission member who knowingly violates §§3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-1 to 3-23-4, […]
Section 3-23-6 – School districts and cooperative education service units–Officials with contract authority–Prohibitions on interest in or direct benefit from contract.
3-23-6. School districts and cooperative education service units–Officials with contract authority–Prohibitions on interest in or direct benefit from contract. No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a […]
Section 3-23-7 – Officials with contract authority–Description of direct benefit from contract.
3-23-7. Officials with contract authority–Description of direct benefit from contract. A person described in §3-23-6 derives a direct benefit from a contract if the person, the person’s spouse, or any other person with whom the person lives and commingles assets: (1)Is a party to or intended beneficiary of any contract held by the school district […]
Section 3-23-7.1 – Officials with contract authority–Description of interest in contract.
3-23-7.1. Officials with contract authority–Description of interest in contract. A person described in §3-23-6 has an interest in a contract if the person, the person’s spouse, or any other person with whom the person lives and commingles assets: (1)Is employed by a party to any contract with the school district or cooperative education service unit; […]
Section 3-23-7.2 – Officials with contract authority–Exclusions from interest in or direct benefit from contract.
3-23-7.2. Officials with contract authority–Exclusions from interest in or direct benefit from contract. A person described in §3-23-6 does not derive a direct benefit from or have an interest in a contract: (1)Based solely on the value associated with the person’s publicly-traded investments or holdings, or the investments or holdings of any other person with […]
Section 3-23-2.1 – Circumstances under which state authority, board, or commission member has interest in contract.
3-23-2.1. Circumstances under which state authority, board, or commission member has interest in contract. An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member’s spouse, or any other person with whom the member lives or commingles assets: (1)Is employed by a party […]